HEERA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant-accused Heera has filed this criminal appeal under Section 374 (2) of the Code of Criminal Procedure (for short " CrPC ") challenging the legality and correctness of the judgment of conviction and order of sentence dated 13/10/2005 passed by the Additional Sessions Judge Chachoda district Guna in Sessions Trial No. 23/1997, whereby he has been convicted and sentenced for the following offences punishable under the Indian Penal Code (for short " IPC ")

(2.) The prosecution case as unfolded before the trial court, in brief, is as under:-

(3.) The learned ASJ framed charges against appellant Heera and accused persons namely Chandan Singh, Mishrya and Harbhajan for the offences punishable under Sections 395 , 396 and 397 IPC. They denied the charges and opted for trial. Thereupon, they were put to trial. In the course of trial, accused Harbhajan and Mishrya jumped bail. Thereupon, the trial court has declared them absconding. Consequently, the trial court completed the trial against acquitted accused Chandan Singh and appellant Heera and passed the impugned judgment in respect of them.